Study On The Notary System For The Enforcement Of Credit Documents

With the rapid development of national economy and the gradual improvement of people’s living standards,the awareness of safeguarding rights is gradually enhanced.As a result,the traditional way of resolving disputes through litigation leads us to the "era of litigation explosion".On the one hand,every judge in the basic court has to deal with more than 300 civil cases every year.On the other hand,the time limit of litigation is often more than half a year,which is increasingly unable to meet people’s demand for a quick settlement of disputes.As one of the diversified dispute settlement methods following mediation,litigation and arbitration,notarization of compulsory execution of creditor’s rights documents has shouldered the mission of realizing creditor’s rights quickly since its establishment.For creditors,the notarization of compulsory execution of creditor’s rights documents can enable notarial agencies to get involved in the signing of legal documents between creditors and debtors in advance.When the contract of creditor’s rights and debts is signed,the contract is not established,invalid,revocable and changeable,so as to realize the role of dispute prevention.For the debtor,it can reduce or even avoid the occurrence of legal risks like "beheading" clause.Notarial agencies grasp the legal risks from a neutral point of view,at the same time to clarify the legal risks for both parties,the existence of objections and disputes in the process of notarization in advance.Because of its high efficiency in realizing creditor’s rights,the system of compulsory execution of creditor’s rights documents is in line with the goal of pursuing efficient financing in social and economic development.With the superiority of notarization system of compulsory execution of creditor’s rights documents gradually known to the society,people are more and more willing to use the system.However,some problems exist in the actual operation of the notarization system of compulsory execution of creditor’s rights documents,which will inevitably lead to the realization of creditor’s rights process is not so smooth,so creditors will have some concerns when considering whether to choose this mechanism to solve the future creditor’s rights and debts disputes.The notary office,the relevant departments and the court enforcement connection is not smooth,resulting in the realization of creditor’s rights is not so smooth;The litigability of obligatory rights documents notarized by compulsory execution is not clear,so that the application rate of the system can not be improved,and can not play its due advantages.This paper first expounds the concept,characteristics and scope of compulsory execution notarization of creditor’s rights documents,and points out that the source and constituent elements of compulsory execution of creditor’s rights documents after notarization are based on the agreement of both parties and the judicature of notarization.At the same time,it makes clear that the notarization of compulsory execution of creditor’s rights documents has the positive role of preventing disputes,improving the efficiency of realizing creditor’s rights,saving judicial resources and promoting national economic development.Secondly,the article analyzes the obstacles existing in the actual operation of notary system of compulsory execution of creditor’s rights documents of our country,points out the main problems include:notary agency and other departments lack of cohesion,which leads to difficulties in verification process of notary agency review,and the "right of verification" cannot be guaranteed by law;Many problems existing in the execution link between notary offices and courts affect the realization efficiency of creditor’s rights,and it is unclear whether the creditor’s rights documents are actionable after compulsory execution,which leads to the low willingness of creditors to choose this system.Thirdly,comparing other countries and Taiwan area obligatory rights document enforcement notarization system,trying to understand its related legislation and system experience.Finally,the author puts forward some suggestions to improve notary system of compulsory execution of notary documents in our country,that is,through strengthening the connection between notary agency and the court,the "right of verification" of notary agency will be guaranteed,thus improving the quality of evidence presented;At the same time,the establishment of exclusive court jurisdiction system and the improvement of compulsory execution notarization of creditor’s rights documents and preservation system before execution are accelerated.Through the above methods,the litigants can be restricted from filing lawsuits on obligatory rights documents after compulsory execution,thus opening up the "last mile" of the connection between notarial agencies and courts and improving the influence of the system.Finally,through legislative guiding ideology,legislative principle and basic system,it puts forward suggestions on improving the compulsory execution of notarization system of Chinese creditor’s rights documents.